LEELADHAR GEHLOT Vs. NARAYAN SINGH

JUDGEMENT

(1.) Complainant-appellant Leeladhar Gehlot, Food Inspector, through this appeal challenges the acquittal of the respondent by Judicial Magistrate, First Class, by judgment, dated 29-3-85 for an offence under section 7(1) read with section 16(l)(a) of the Prevention of Food Adulteration Act, 1954.

(2.) At the hearing of the appeal Shri M.A. Khan, Advocate, for the appellant, A.S. Gokhle, for respondent Narayan Singh and G.S. Solanki, Penal Lawyer for the State, were heard and the record perused.

(3.) The case of the prosecution is that on 22-11-81, complainant-Leeladhar Gehlot, Health and Food Inspector in Municipal Corporation area, purchased as sample 660 ml. of milk from the respondent-accused and divided the same equally in the quantity of 220 ml. in three bottles and sealed them, forwarded one of the samples for analysis to Public Analyst, Bhopal who by his report, dated 14-12-1981 found the milk adulterated The complaint was then filed before the Judicial Magistrate, First Class, A lot. The Judicial Magistrate, First Class, A lot, by the judgment, dated 29-3-1985 found that purchase of milk from the respondent was doubtful and not proved, even if the same is taken to be proved there was non-compliance of certain mandatory rules and provisions of the Act and for this reason the charge would not be said to be proved against the respondent. With these findings he acquitted the respondent. Hence this appeal.